[Revised May 12, 2015]
1. USER AGREEMENT.
The Website is an online network marketplace. You understand and agree that if you submit a request through the Website, we will share your personal information (such as your full name, address, telephone number, and financial information) with participating providers in our network to process and fulfill your request. You understand and agree that we are not a solar installer, manufacturer or undertake a credit analysis or make credit decisions in connection with the Service and that we are not a party to any agreement that you may make with any participating service provider whom you choose to use or from whom you obtain a solar installation. The participating provider(s) with whom you contract to assist you is solely responsible for its services to you. You further acknowledge and agree that we are not acting as your agent or broker and are not recommending any particular service provider to you. Any compensation we may receive is paid by the participating service provider for advertising services we provided to them. We do not charge you a fee to use FSS Consumer Connection services. You understand that the requirements for a particular service are made by the participating service providers and we do not endorse, warrant, or guarantee the products or service provider or installer. Nothing contained in this Agreement shall constitute an offer or promise for a solar installation. You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the service provider’s services. You also give us permission to send you periodic updates of services and products which may be of interest to you. Please note that information we provide you either on the website or by email may not be used as the sole basis for your decision to retain a particular service provider, and may their services may not meet your particular needs. Please seek the advice of an appropriate professional for an assessment of the proposal provided by the solar installer.
3. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
4. REJECTION, TERMINATION AND CANCELLATION.
Company or its participating service provider may reject any registration or subsequent application from any person with or without cause at their sole discretion. Your status as a registered user creates only a customer relationship with FSS and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship. You may cancel your request at anytime by sending an e-mail to [email protected]
5. PROHIBITED USER CONDUCT.
A. You are prohibited from any conduct that, in Company’s sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
B. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted on the Website, use any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
6. MARKETING MATERIALS.
By signing up at the Website, you are giving your consent to receive promotions or newsletters from Company, our affiliates and/or third-party marketers. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Company alone, you may simply use our convenient Opt-Out Page located at the bottom of the first page of the Website Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.
7. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE ACTIVITIES.
FederalSolarSolutions.com (FSS) may make reference to other third-party web sites or provide links to such third-party web sites that have no affiliation with Synergexis LLC and which are not operated by Synergexis, LLC. These links allow you to leave FSS, or open a browser window that will allow you to access the third-party web site. Synergexis, LLC is not responsible for the content of these third-party web sites and shall not be liable for any damages or injury arising from any content from those third-party sites or your use, reliance on, or access to such third-party sites and any associated content. Links to third-party sites are provided to users of FSS for convenience of reference, and such links do not in any way imply endorsement by Synergexis, LLC of any or all of these third-party sites or the content provided by these sites. Synergexis, LLC disclaims all liability with regard to your choosing to access such linked or referenced web sites. Access to any other Internet web sites linked to FSS is solely at your own risk. By using this Web Site you acknowledge and agree that Synergexis, LLC is not responsible for the availability of services or products offered by, or any content located on, any such third-party web site.
8. RELATIONSHIP WITH MARKETING PROVIDERS.
This is an independent Website and is not affiliated with any of the listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating service providers are independent third parties and this Website is not acting as a principal, agent or broker with respect to any providers.
9. LINKED WEBSITES.
You may be able to link to third parties Websites (“Linked Websites”) from the Website. Linked Websites are not, however, reviewed, controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Company endorsement of or association with the Linked Websites. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Websites administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links.
10. INTELLECTUAL PROPERTY RIGHTS.
The Website contains intellectual property owned by Company and other parties. As between Company and you, Company is the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company — and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
11. DISCLAIMER OF WARRANTIES.
NO CONTENT OR INFORMATION, WHETHER VERBAL OR IN WRITING, OBTAINED BY YOU FROM FEDERALSOLARSOLUTIONS.COM OR GET SYNERGEXIS, LLC OR THROUGH OR FROM SERVICES PROVIDED BY EITHER ENTITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT OF USAGE.
FEDERALSOLARSOLUTIONS.COM AND ALL CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH FEDERALSOLARSOLUTIONS.COM ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE TO THIS AND ALSO AGREE THAT YOUR USE OF FEDERALSOLARSOLUTIONS.COM AND ALL CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH FEDERALSOLARSOLUTIONS.COM IS ENTIRELY AT YOUR OWN RISK.
You agree that, as with any online service, content omissions, service interruptions, service delays, information inaccuracy, typographical errors, and/or other problems with the content, products, and services available through, published on, or promoted via FEDERALSOLARSOLUTIONS.COM are inevitable. This includes content, products, and services referred to, advertised, or promoted on, or sold though FEDERALSOLARSOLUTIONS.COM. Neither SYNERGEXIS, LLC, nor any of its owners, partners, affiliates, licensors, or licensees warrant that FederalAutoLoan.com or the server that makes it available are free of viruses or other harmful elements, will provide uninterrupted service, or are error-free in regard to content, nor does SYNERGEXIS, LLC make any warranty as to the results that may be obtained by you from the use of FEDERALSOLARSOLUTIONS.COM, or as to the completeness, accuracy, or reliability of the information or of any content, product or service provided or made available through FEDERALSOLARSOLUTIONS.COM.
WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, SYNERGEXIS, LLC, ITS OWNERS, PARTNERS, AFFILIATES, LICENSORS AND LICENSEES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
12. LIMITATION OF LIABILITY.
NEITHER SYNERGEXIS, LLC, NOR ANY OF ITS OWNERS, PARTNERS, AFFILIATES, LICENSORS, OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY OR ALL ERRORS, OMISSIONS, INACCURACIES, OR ANY OTHER DEFECTS IN THE INFORMATION AND CONTENT PROVIDED ON FEDERALAUTOLOAN.COM. IN NO EVENT SHALL SYNERGEXIS, LLC, ITS OWNERS, PARTNERS, AFFILIATES, LICENSORS, OR ITS LICENSEES OR PROVIDERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, FEDERALSOLARSOLUTIONS.COM OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH FEDERALSOLARSOLUTIONS.COM, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA, EVEN IF SYNERGEXIS, LLC OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You also acknowledge and agree that, without limitation to the foregoing, the entire liability, if any, of SYNERGEXIS, LLC, its owners, partners, affiliates, licensors, and licensees arising out of any kind of legal claim, whether in contract, tort, or under any other legal theory, arising out of your access to, or use of, or inability to use, FEDERALSOLARSOLUTIONS.com or any content, information, products or services made available through FEDERALSOLARSOLUTIONS.com will not exceed the amount that you paid to SYNERGEXIS, LLC, if any, for (i) the use of FEDERALSOLARSOLUTIONS.com or (ii) the amount that you paid for such information, products, or services.
Because some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, the previous disclaimer, exclusion, and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
13. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. MONITORING WEBSITE USAGE.
You agree that Company may electronically monitor the Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Website; or (iii) to protect Company rights or the rights of the users, sponsors, providers, licensors, or merchants.
15. INDEMNITY and Release
You agree to release, defend, and hold harmless Synergexis, LLC, its owners, partners, affiliates, licensors, and licensees from and against any and all claims, costs, demands, losses, damages, and expenses, including, without limitation, attorney’s fees, arising from or relating to: (i) your breach of this Agreement of Usage or for any matter for which you are responsible or liable under the terms of this Agreement of Usage, or (ii) any dispute between you and any third-party, including, without limitation, any other user, any advertiser, or any party to any actual, prospective or terminated sale or transaction. Note: if you are a California resident, you agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
17. DEALINGS WITH THIRD PARTIES.
Your correspondence or business dealings with any third parties as a result of your use of this Website and participation in the Service, including, but not limited to, business dealings with service providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Website.
18. DISPUTE RESOLUTION.
This Agreement of Usage is provided by, and the FederalSolarSolutions.com Web Site is owned and operated by Synergexis, LLC and is governed by the laws of the State of Colorado, United States of America. The FederalSolarSolutions.com Web Site can be accessed from all 50 States and the District of Columbia, as well as from countries around the world. Because each of these places has laws that may differ from the State of Colorado, by accessing this site, both you and Synergexis, LLC hereby consent to the exclusive personal jurisdiction and venue of the federal district and state courts in the State of Colorado, United States of America, in any and all disputes arising from or relating to the use of FederaSolarSolutions.com or the content, products, or services available through FederalSolarSolutions.com. You also agree that the statutes and laws of the State of Colorado, without regard to conflicts of laws and principles thereof, will apply to all matters arising from or relating to the access and use of FederalSolarSolutions.com. Use of FederalSolarSolutions.com Web Site or the content, products or services available through the FederalSolarSolutions.com Web Site is not authorized in any jurisdiction that does not give effect to all provisions of Agreement of Usage, including this paragraph, without limitation. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Synergexis, LLC as a result of this Agreement of Usage or your use of the FederalSolarSolutions.com Web Site or the content, products or services available through FederaSolarSolutions.com.
19. WAIVER AND SEVERABILITY OF TERMS.
The failure by Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
20. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and Company and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third party content or third party software.
21. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Attn: Customer Care FSS
5825 Mark Dabling BLVD
Colorado Springs, CO 80919